Domestic and Family Violence Protection Rules 2014
sec.28Litigation guardian for aggrieved
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sec.28 Litigation guardian for aggrieved
This rule applies if— an aggrieved is a person with impaired capacity; and an authorised person does not appear on behalf of the aggrieved; and An authorised person may appear on behalf of an aggrieved in a proceeding under the DFVP Act , section 25 . a guardian has not been appointed under the Guardianship and Administration Act 2000 for the person for a legal matter. Unless a person is appointed as a litigation guardian by a DFVP court, a person becomes a litigation guardian of an aggrieved with impaired capacity for a proceeding by filing in the registry the person’s written consent to be litigation guardian of the aggrieved. If the interests of an aggrieved who is a person with impaired capacity require it, a DFVP court may appoint or remove a litigation guardian for the aggrieved or substitute another person as litigation guardian. (sec.28-ssec.1) This rule applies if— an aggrieved is a person with impaired capacity; and an authorised person does not appear on behalf of the aggrieved; and An authorised person may appear on behalf of an aggrieved in a proceeding under the DFVP Act , section 25 . a guardian has not been appointed under the Guardianship and Administration Act 2000 for the person for a legal matter. (sec.28-ssec.2) Unless a person is appointed as a litigation guardian by a DFVP court, a person becomes a litigation guardian of an aggrieved with impaired capacity for a proceeding by filing in the registry the person’s written consent to be litigation guardian of the aggrieved. (sec.28-ssec.3) If the interests of an aggrieved who is a person with impaired capacity require it, a DFVP court may appoint or remove a litigation guardian for the aggrieved or substitute another person as litigation guardian.
- (a) an aggrieved is a person with impaired capacity; and
- (b) an authorised person does not appear on behalf of the aggrieved; and Note— An authorised person may appear on behalf of an aggrieved in a proceeding under the DFVP Act , section 25 .
- (c) a guardian has not been appointed under the Guardianship and Administration Act 2000 for the person for a legal matter.